# C_2014009EN.01002003.xml

| 11.1.2014 | EN | Official Journal of the European Union | C 9/20 |
| --- | --- | --- | --- |

11.1.2014

EN

Official Journal of the European Union

C 9/20

---

Request for a preliminary ruling from the Cour du travail de Bruxelles (Belgium) lodged on 31 October 2013 — Centre public d’action sociale d’Ottignies-Louvain-La-Neuve v Moussa Abdida

(Case C-562/13)

2014/C 9/32

Language of the case: French

Referring court

Referring court

Cour du travail de Bruxelles

Parties to the main proceedings

Parties to the main proceedings

Appellant: Centre public d’action sociale d’Ottignies-Louvain-La-Neuve

Appellant:

Respondent: Moussa Abdida

Respondent:

Questions referred

Questions referred

| 1. | On a proper construction of Directives 2004/83/EC, (1) 2005/85/EC (2) and 2003/9/EC, (3) is a Member State which provides that a foreign national has the right to subsidiary protection for the purposes of Article 15(b) of Directive 2004/83/EC if that person ‘suffers from an illness which is of such a kind as to entail a real risk to his life or physical integrity or a real risk of inhuman or degrading treatment where there is no adequate treatment for that illness in his country of origin’ under an obligation to






  — | provide for a remedy with suspensive effect in respect of the administrative decision refusing leave to remain and/or subsidiary protection, and ordering the person to leave the territory of that State, |
| --- | --- | --- |

1.

On a proper construction of Directives 2004/83/EC, (1) 2005/85/EC (2) and 2003/9/EC, (3) is a Member State which provides that a foreign national has the right to subsidiary protection for the purposes of Article 15(b) of Directive 2004/83/EC if that person ‘suffers from an illness which is of such a kind as to entail a real risk to his life or physical integrity or a real risk of inhuman or degrading treatment where there is no adequate treatment for that illness in his country of origin’ under an obligation to

1

2

3

—

provide for a remedy with suspensive effect in respect of the administrative decision refusing leave to remain and/or subsidiary protection, and ordering the person to leave the territory of that State,

| — | make provision under its social security or reception system for the basic needs of the person applying for subsidiary protection (other than his medical needs) to be met pending a ruling on his appeal against that administrative decision? |
| --- | --- |

—

make provision under its social security or reception system for the basic needs of the person applying for subsidiary protection (other than his medical needs) to be met pending a ruling on his appeal against that administrative decision?

| 2. | If the answer to Question 1 is in the negative, does the Charter of Fundamental Rights — and, in particular, Articles 1 to 3 (human dignity, right to life and integrity), Article 4 (prohibition of inhuman or degrading treatment), Article 19(2) (right not to be removed to a State where there is a serious risk of inhuman or degrading treatment), Articles 20 and 21 (equality and non-discrimination as compared with other categories of applicants for subsidiary protection) and/or Article 47 (right to an effective remedy) of that Charter — place a Member State in course of transposing Directives 2004/83/EC, 2005/85/EC and 2003/9/EC into national law under an obligation to make provision for a remedy with suspensive effect and for the requisite means of meeting the basic needs referred to in Question 1? |
| --- | --- |

2.

If the answer to Question 1 is in the negative, does the Charter of Fundamental Rights — and, in particular, Articles 1 to 3 (human dignity, right to life and integrity), Article 4 (prohibition of inhuman or degrading treatment), Article 19(2) (right not to be removed to a State where there is a serious risk of inhuman or degrading treatment), Articles 20 and 21 (equality and non-discrimination as compared with other categories of applicants for subsidiary protection) and/or Article 47 (right to an effective remedy) of that Charter — place a Member State in course of transposing Directives 2004/83/EC, 2005/85/EC and 2003/9/EC into national law under an obligation to make provision for a remedy with suspensive effect and for the requisite means of meeting the basic needs referred to in Question 1?

---

(1)  Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 2).

1

(2)  Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ 2005 L 326, p. 13).

2

(3)  Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (OJ 2003 L 31, p. 18).

3

---